Res P-97-50RESOLUTION NO. P-97-50
a RESOLUTION Of THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 97-03
ASSESSOR'S PARCEL NUMBiER 273-174-04
WHEREAS, Variance 97-03 submitted by Linda Ijams, applicant, requests approval
to allow the installation of an eight (8) foot high fence when th height permitted
in th ' (6) feet. The subject property is located at 13322 Edina Way within the
Residential Single Family-4 zone.
WHEREAS, on September 16, 1997, the City Council held a duly advertised public
headng to solicit comments from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that Variance 97-03 is not subject the California
E Quality Act in that it is a minor alteration to land use limitations.
The proposed project' i with the General Plan in that it proposes
the construction of an 8 foot high privacy 1' 3ich is designated
for residential use.
That there are special ~)plicable to the property, and because
of this, the strict application of the Zoning Ordinance deprives the property
of privileges enjoyed by other properties in the vicinity under identical zoning
classification.
The special is that th of the subject property is
approximately 2-3 feet lower than the elevation of the property adjoining the
subject lot along the rear property line. Therefore an 8 foot high fence is
required to provide a screen of adequate height to allow rear yard privacy.
That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed by
other property in the same vicinity aind zoning for which the variance is
sought.
-- Resolution No. P-97-50
Page 2
Th I allow the applicant to install a fence which will provide rear
yard privacy which is enjoyed by other properties in the area.
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or well' ' ' to the property
or improvements in such vicinity and ~ich the property is located.
That the granting of this variance does not constitute a special privilege
I with the I :)on other properties in the vicinity and zone
in that the property is located in a residential area where fences of similar
height have been installed on many of the properties on the north side of
Edina Way.
That the granting of th' does not all ~ which is not
otherwise expressly authorized by the zoning development regulations
governing the pamel or property in that the proposed project is the
installation of rear yard fencing on a residential lot.
The City Council hereby approves Variance 97-03 subject to the following
conditions:
Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
ACT THE
The site shall be developed in accordance with the approved site plan and
elevations on file in the Planning Services Department.
The appropriate Building Department approvals shall be received prior to initiation
of
3. This permit shall become null and void on Seiptember 16, 1999, if building permits
'-- have not been issued.
Resolution No. P-97-50
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 16th day of September, 1997.
Don Higginson, M~'or
ATTEST:
Marjorie E. Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
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AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
CAFAGNA, GOLDBY, RE, FORD, HIGGINSON
Marjorie 14, Wahlsten, City Clerk
City of Po¢,vay
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of
September 1997, and that it wasso adopted by the following vote: